PS Julius Korir acquitted in wife assault case
A Nairobi Court on Wednesday acquitted Water and Sanitation PS Julius Korir who was accused of beating estranged wife Evelyn Koech in 2020.
Milimani principal magistrate Dolphina Ogola ruled that the prosecution failed to prove the case beyond reasonable doubt against Korir.
The magistrate noted that in Korir’s defense, he had stated that the complainant (Evelyn) was his wife and that they have had a series of cases in the family setup and as such children cases and a divorce case.
“It is not for this court to dwell on other matters not placed before my court and are being handled by my fellow colleagues.”
The magistrate concluded that Evelyn did not allow the law enforcers to do their work and all prosecution witnesses seemed not to be independent.
The court further said that the second witness who was Evelyn’s house help, was clueless even in naming the other workers he was with at the home where they were all employed.
She further faulted the medical doctor who gave evidence of how she took photos and videos of the patient yet she is a medic.
“The investigating officer seemingly was acting on instructions of the victim and could not do an independent job,” Magistrate Ogola said.
Eventually, Evelyn did not produce a P3 form, she said.
The judgement further said that forensic evidence was huge in the case to confirm the offence.
Yet it should have been the other way round. Assault is visible and this does not need a confirmation vide CCTV, or personal phone photos as the case may.
“In view of the foregoing, this court finds that prosecution has not proved their case as to the threshold and this court finds that the accused herein be discharged under Section 215 of the CPC unless otherwise held in law,” the magistrate ruled.
In July, Korir defended himself in the case and urged the court to acquit him for lack of evidence.
source:the-star